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Chapter 19 Estate Planning For Nontraditional Families Elizabeth A. Bryant, Esq. Elizabeth A. Bryant, P.C. Erica Johnson, Esq. Ambler & Keenan, LLC Elizabeth D. Mitchell, Esq. Ambler & Keenan, LLC
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How to Fill Out Estate Planning for Non-Traditional?

01
Research and Understand the Laws: The first step in filling out estate planning documents for non-traditional situations is to familiarize yourself with the laws and regulations that govern estate planning in your jurisdiction. Non-traditional families, such as unmarried couples, same-sex couples, blended families, or individuals with non-biological children, may face unique legal considerations and requirements. Consult an attorney or legal expert who specializes in estate planning for non-traditional families to ensure you are aware of the relevant laws and can navigate them effectively.
02
Identify Your Estate Planning Goals: Before proceeding with the paperwork, it's crucial to identify your specific estate planning goals. This might include determining how you want your assets to be distributed, who you wish to act as a guardian for any dependents, and who you want to appoint as an executor or trustee. Non-traditional families may have additional concerns, such as ensuring the protection of their partner or children who may not have legal recognition in certain jurisdictions. Clearly articulating your goals will help guide you through the process.
03
Draft Important Documents: With the help of an attorney, begin drafting essential estate planning documents. These commonly include a will, power of attorney, advanced healthcare directives, and living wills. Make sure that these documents reflect your intentions and are tailored specifically to address the needs and circumstances of your non-traditional family. In some cases, additional documents such as cohabitation agreements or parenting agreements may also be necessary to protect the rights and interests of everyone involved.
04
Appoint the Right Individuals: Non-traditional estate planning often involves designating individuals who might not be considered in traditional family settings. Ensure that you appoint trustworthy and reliable individuals as executors, trustees, guardians, or power of attorney agents. This may include partners, close friends, or chosen family members who understand your wishes and are willing to fulfill those responsibilities.
05
Regularly Review and Update your Plan: Life circumstances change, and it is essential to regularly review and update your estate planning documents. This is especially true for non-traditional families who may face unique challenges and legal considerations. Marriage, divorce, birth, adoption, changes in laws, or shifts in personal relationships should prompt a review of your estate planning to ensure it remains accurate and aligned with your intentions.

Who Needs Estate Planning for Non-Traditional?

01
Unmarried Couples: Unmarried couples desiring to protect their partner and ensure their assets are distributed according to their wishes can benefit from estate planning. Without legal recognition, the surviving partner may face hurdles in inheriting assets or exercising decision-making authority without proper documentation.
02
Same-Sex Couples: Even in jurisdictions where same-sex marriages are legally recognized, additional estate planning may be necessary to address any unique concerns. This ensures that both partners have a say in healthcare decisions, child custody matters, and property distribution.
03
Blended Families: Estate planning is crucial for blended families as individuals may have children from previous relationships. By choosing the right beneficiaries and establishing clear directives, blended families can protect the inheritance rights of all their children and prevent disputes.
04
Individuals with Non-Biological Children: Non-traditional families formed through adoption, surrogacy, or other methods might need to consider special provisions in their estate planning to protect the rights and well-being of their non-biological children.
In conclusion, non-traditional families can benefit from estate planning by educating themselves about the relevant laws, identifying their specific goals, drafting the necessary documents, appointing appropriate individuals, and regularly reviewing and updating their plans. This ensures that their wishes are appropriately documented and their loved ones are protected in the event of incapacity or death.
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Estate planning for non-traditional refers to the process of arranging for the management and disposal of an individual's estate in the event of their incapacitation or death, particularly for individuals who do not fit the traditional family structure.
Anyone who wishes to ensure that their estate is managed and distributed according to their wishes, especially if they do not have a spouse or children.
To fill out estate planning for non-traditional, individuals can seek the assistance of an estate planning attorney or use online resources and templates to create documents such as wills, trusts, and advance directives.
The purpose of estate planning for non-traditional is to protect an individual's assets, provide for their loved ones, and ensure their wishes are carried out in the event of their death or incapacity.
Information such as a list of assets, beneficiaries, appointed executor or trustee, guardianship provisions, healthcare directives, and any specific instructions for the distribution of assets.
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